The proliferation of donation collection containers contributes to visual clutter, blight due to graffiti and poor maintenance, and the accumulation of debris and excess items outside the collection containers. These regulations are intended to promote the health, safety, and welfare of the public, and to protect the property rights of the owners of the parcels of land on which the collection containers are located by providing minimum blight-related performance standards for the operation of collection containers, including establishing criteria to ensure that:
(1) 
Material is not allowed to accumulate outside of the collection containers;
(2) 
The collection containers remain free of graffiti and blight;
(3) 
The collection containers are maintained in sanitary conditions;
(4) 
The collection containers are not placed without the approval of property owners; and
(5) 
Contact information is readily available so that the operators can be contacted if there are any blight-related questions or concerns.
(Ordinance 1159, sec. 9-15-1, adopted 8/18/20; Ordinance 1161, sec. 9-15-1, adopted 9/15/20)
Collection container
means a drop-off structure, box, bin, container, receptacle, trailer, mobile vehicle, or similar facility that accepts furniture, textiles, shoes, media, books (save and except residential book exchange receptacles and food/hygiene exchange receptacles) and/or other salvageable or reusable items of personal property.
Collection container, large
means a collection container that occupies more than 175 cubic feet. Large collection containers may not be taller than 14 feet above the finished grade of the area of the parcel or tract where the container is located.
Collection container, small
means a collection container that occupies less than or equal to 175 cubic feet and is no taller than seven feet above the finished grade of the area of the parcel or tract where the container is located.
(Ordinance 1159, sec. 9-15-2, adopted 8/18/20; Ordinance 1161, sec. 9-15-2, adopted 9/15/20)
Where a conflict exists between the regulations or requirements in this article and applicable regulations or requirements contained in other sections of the code, the applicable regulations or requirements of this article shall prevail.
(Ordinance 1159, sec. 9-15-3, adopted 8/18/20; Ordinance 1161, sec. 9-15-3, adopted 9/15/20)
(a) 
Except as provided herein, it shall be prohibited to place, operate, maintain or allow (by either the property owner or operator) a collection container on any real property unless the property owner and operator of the collection container first obtains an annually renewable permit from the city secretary, or their designee.
(b) 
Collection containers that satisfy the following standards are exempt from the requirements of this article:
(1) 
Collection containers that are wholly located within an entirely enclosed and lawfully constructed and permitted building or structure, or otherwise cannot be seen from the outside boundaries of the property on which the containers are located, provided that such collection containers satisfy the operational requirements contained herein.
(Ordinance 1159, sec. 9-15-4, adopted 8/18/20; Ordinance 1161, sec. 9-15-4, adopted 9/15/20)
The following minimum information shall be required when applying for a permit for a collection container:
(1) 
A completed permit application containing the names, signatures, phone numbers, email addresses, websites (if available), and mailing addresses of the property owner and the operator of the collection container;
(2) 
A nonrefundable application fee as outlined in the fee schedule in appendix A of this code, and as may be amended from time to time by ordinance;
(3) 
A site plan or layout exhibit sufficiently reflecting:
(A) 
The location and dimensions of all property boundaries;
(B) 
The location of all buildings or structures;
(C) 
The proposed collection container location;
(D) 
The location and dimensions of all existing and/or proposed driveways, carports, parking spaces, maneuvering, pavement and striping/marking;
(4) 
Four-sided color elevations showing the appearance and dimensions of the proposed collection container.
(Ordinance 1159, sec. 9-15-5, adopted 8/18/20; Ordinance 1161, sec. 9-15-5, adopted 9/15/20)
A permit issued under this article shall expire and become void on January 1 of each calendar year. An application for renewal must be submitted prior to the expiration of a permit annually and must be accompanied by the following, at a minimum:
(1) 
A completed permit renewal application containing the names, signatures, phone numbers, email addresses, websites (if available), and mailing addresses of the property owner and the operator of the collection container;
(2) 
A nonrefundable application fee as outlined in the fee schedule in appendix A of this code, and as may be amended from time to time by ordinance;
(3) 
Updates to any information contained in the original permit application that is to be modified.
(Ordinance 1159, sec. 9-15-6, adopted 8/18/20; Ordinance 1161, sec. 9-15-6, adopted 9/15/20)
(a) 
The city secretary, or their designee, shall approve or deny a permit application for a collection container within ten days of the receipt of a completed submittal. If the city secretary fails to take action on the submittal within the required timeframe, the application shall be deemed approved.
(b) 
A permit application for a collection container shall be approved if the following is found to be true:
(1) 
The applicant has submitted a complete, fully executed and accurate application accompanied by the applicable fee;
(2) 
The applicant is neither currently in violation of nor has been found in violation of this article within two years prior to the submission of the application or permit renewal; and
(3) 
The application or permit renewal will be in compliance with all applicable regulations contained herein.
(c) 
If a permit application or renewal application for a collection container is denied by the city secretary, or their designee, such ruling may be appealed to the city administrator within seven calendar days of the denial. The appeal must be made in writing and must include the reason for the appeal and the justification for why the permit application should be approved. The city administrator shall be the final approval authority.
(Ordinance 1159, sec. 9-15-7, adopted 8/18/20; Ordinance 1161, sec. 9-15-7, adopted 9/15/20)
If any individual, company, corporation or association who owns, operates, exhibits, or displays any collection container in this city shall violate any provision of this article, the city secretary shall have the power and authority to cancel and revoke all permits issued hereunder to any of the foregoing by giving written notice, stating the reason justifying such revocation, and the same shall become void ten days from the date of such notice. No permit shall be issued within a period of two years to anyone whose permit has been revoked, except at the discretion of the city council. If the permit of an individual, company, corporation, or association owning, operating, or displaying a collection container on a specific property in this city is cancelled, such individual, company, corporation or association shall not operate, display or permit to be operated or displayed such a collection container on said property until a new permit is granted.
(Ordinance 1159, sec. 9-15-8, adopted 8/18/20; Ordinance 1161, sec. 9-15-8, adopted 9/15/20)
(a) 
No collection container shall be located within 300 feet from any other collection container.
(b) 
Collection containers are only permitted within nonresidential zoning districts.
(c) 
No collection container shall be located on or within 300 feet of a property zoned or used for residential purposes.
(d) 
Collection containers must be located within 25 feet of an illumination source which operates from dusk until dawn that is sufficient for discouraging theft, vandalism and/or vagrancy including, but not limited to, street lighting, parking lot lighting, or an illuminated building wall pack(s).
(e) 
No collection container shall be located on or within:
(1) 
A required landscaping area;
(2) 
A parking space, loading space or driveway area that is required to satisfy the requirements of the city;
(3) 
The public right-of-way, except as approved by the city council as part of a license agreement; or
(4) 
The front yard.
(f) 
No collection container shall be placed in a manner that blocks, limits, or impedes the function of, access to, or maintenance of any of the following:
(1) 
Required parking, loading or driveway areas;
(2) 
Pedestrian, wheelchair and/or bicycle routes or trails;
(3) 
Building ingress and egress;
(4) 
Required disabled access routes;
(5) 
Required easements;
(6) 
Refuse and/or recycling enclosures areas or access to refuse and/or recycling bins or enclosures; or
(7) 
Exhaust, ventilation, mechanical, electrical or fire suppression systems, including, but not limited to, fire department connections or fire hydrants.
(g) 
No more than one collection container shall be located on any parcel or tract of land, except as otherwise permitted herein.
(h) 
No large collection container shall be located within any zoning district’s building setback.
(Ordinance 1159, sec. 9-15-9, adopted 8/18/20; Ordinance 1161, sec. 9-15-9, adopted 9/15/20)
(a) 
All collection containers shall:
(1) 
Be fabricated of durable and waterproof materials;
(2) 
Be placed on ground that is paved with durable cement;
(3) 
Have a tamper-resistant locking mechanism for all collection openings;
(4) 
Not be electrically, mechanically, or hydraulically powered or otherwise mechanized; and
(5) 
Not be considered a fixture of the site or an improvement to real property.
(b) 
Small collection containers shall have the following information conspicuously displayed in at least two-inch type visible on the collection container:
(1) 
The name, mailing address, 24-hour contact telephone number, email address, and if available, the internet web address of the operator of the collection container and the agent or representative for the property owner;
(2) 
The type of material that may be deposited into the collection container; and
(3) 
A notice stating that no material shall be left outside the collection container.
(c) 
Large collection containers shall have the following information conspicuously displayed in at least four-inch type visible from the front of the collection container:
(1) 
The name, mailing address, 24-hour contact telephone number, email address, and if available, the internet web address of the operator of the collection container and the agent or representative for the property owner;
(2) 
The type of material that may be deposited into the collection container;
(3) 
A notice stating that no material shall be left outside the collection container; and
(4) 
A statement that no items may be left for collection unless an attendant is on duty.
(Ordinance 1159, sec. 9-15-10, adopted 8/18/20; Ordinance 1161, sec. 9-15-10, adopted 9/15/20)
(a) 
No overflow collection items, litter, debris or dumped materials shall be allowed to accumulate within 20 feet of any collection container.
(b) 
Collection containers shall be maintained and in good working order, and free from graffiti, removed or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms.
(c) 
Collection containers shall be serviced not less than weekly between 7:00 a.m. and 7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends. This servicing includes maintenance of the container, the removal of collected material and abatement of any graffiti, litter, or any nuisance conditions.
(d) 
The operator shall maintain an active email address and a 24-hour telephone service with recording capability for the public to register complaints.
(e) 
Any conditions that are in violation of this section must be remedied or abated within 48 hours of being reported to the operator or property owner.
(f) 
Collection containers cannot be used for the collection of refuse, solid waste and/or any hazardous materials.
(g) 
Large collection containers shall have an attendant present at the container at all times that items are being received.
(Ordinance 1159, sec. 9-15-11, adopted 8/18/20; Ordinance 1161, sec. 9-15-11, adopted 9/15/20)